All eyes are on U.S. District Judge Emmet Sullivan as he presides over the case of former national security adviser Michael Flynn, who pleaded guilty to lying to the FBI during Robert Mueller's Russia investigation.
According to CBS News, Sullivan delayed his decision on the case after the Department of Justice requested to drop charges against Flynn. In support of the former national security adviser, the DOJ said Flynn’s comments to the FBI were not material to determine if the Trump campaign worked with Russia to win the 2016 election.
The judge has now decided to allow opinions from other individuals and groups. Flynn's case can still be permanently dismissed or dismissed without prejudice, which would allow for the case to be considered again, The Hill reported. The former national security adviser's legal team opposed the delay, according to CNN.
"This travesty of justice has already consumed three or more years of an innocent man's life — and that of his entire family," Flynn's lawyers wrote. "No further delay should be tolerated or any further expense caused to him and his defense."
The DOJ said the FBI doesn't have sufficient basis to question Flynn, adding that the case should be dismissed in the interest of justice.
Responding to the judge's decision to consider amicus curiae briefs from interested parties, Flynn's lawyers said: "a criminal case is a dispute between the United States and a criminal defendant."
"There is no place for third parties to meddle in the dispute, and certainly not to usurp the role of the government's counsel," the attorneys wrote.
In his written order on Tuesday, Sullivan said: "Given the current posture of this case, the Court anticipates that individuals and organizations will seek leave of the Court to file amicus curiae brief."
According to The New York Times, Robert Mueller brought the case against Flynn as part of the Russian interference investigation in the 2016 election. The case centered on Flynn’s phone calls with Sergey I. Kislyak, who was the Russian ambassador to the United States at the time.
After initially pleading guilty to lying about conversations with Kislyak about the Obama administration’s sanctions against Moscow, Flynn withdrew his plea this year. The former adviser said the case is marred by “the government’s bad faith, vindictiveness, and breach of the plea agreement.”
Sullivan was criticized for the stern comments he made to Flynn during a 2018 sentencing hearing.
“You lied to the FBI about three different topics and you made those false statements while you were serving as the national security adviser, the president of the United States’s most senior national security aide. I can’t minimize that,” the judge said. “Arguably, that undermines everything this flag over here stands for. Arguably, you sold your country out.”
According to The Hill, Sullivan is a Howard University graduate who became the first judge in Washington, D.C. to be appointed by three presidents to different judicial positions.